Delehoy v. State of South Dakota et al
| Devon Delehoy |
| State of South Dakota and Attorney General for the State of South Dakota |
| 4:2023cv04147 |
| September 28, 2023 |
| US District Court for the District of South Dakota |
| Veronica L Duffy |
| Karen E Schreier |
| Prisoner Petitions: Habeas Corpus - General |
| 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on November 21, 2023. A more recent docket listing may be available from PACER.
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Filing 20
ORDER denying petitioner Delehoy's #16 Motion to Appoint Counsel. The court previously explained the law pertaining to appointment of counsel in 2254 habeas actions. See Docket No. 6. Mr. Delehoy's renewed motion does not change the court's prior decision. The medical document Mr. Delehoy submitted is 14 years old, from 2009. Furthermore, the conditions itemized on that document do not make one mentally unfit to litigate a 2254 matter. Moreover the conditions can be greatly ameliorated with medication and the court is not aware of what medications are being taken by Mr. Delehoy. Finally, the court notes that the pending motion to dismiss by respondents raises only two issues that Mr. Delehoy is required to address: (1) did he properly exhaust his claims asserted in this federal action by presenting them to the state circuit court and then to the state supreme court; and (2) was Mr. Delehoy's federal petition filed within the one-year statute of limitations set by the Anti-Terrorism and Effective Death Penalty Act--if not, Mr. Delehoy should address whether equitable tolling applies to his case. Mr. Delehoy has been able thus far to articulate his claims and arguments clearly. The court exercises its discretion not to appoint counsel for Mr. Delehoy at this juncture. Signed by US Magistrate Judge Veronica L. Duffy on 11/21/23. (Duffy, Veronica) Modified on 11/21/2023 cc: sent to Devon Delehoy via USPS (KLE).
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Filing 19
ORDER denying as moot petitioner Delehoy's #9 Motion to Stay for the reason that he withdrew the motion. Signed by US Magistrate Judge Veronica L. Duffy on 11/21/23. (Duffy, Veronica) Modified on 11/21/2023 cc: sent to Devon Delehoy via USPS (KLE).
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Filing 18
ORDER granting petitioner Delehoy's #15 Motion to Withdraw his previously filed #9 MOTION to Stay. Signed by US Magistrate Judge Veronica L. Duffy on 11/21/23. (Duffy, Veronica) Modified on 11/21/2023 cc: sent to Devon Delehoy via USPS (KLE).
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| Filing 17 SUPPLEMENT by Petitioner Devon Delehoy re #1 Petition for Writ of Habeas Corpus (28:2254). (JLS) |
| Filing 16 MOTION to Renew Appointing Counsel based upon mental illness by Devon Delehoy. (Attachments: #1 Attachment to motion (sealed per chambers)) (JLS) Modified to seal attachment per chambers on 11/21/2023 (JLS). |
| Filing 15 MOTION to Withdraw/ Retract #9 MOTION to Stay for Medical Records by Devon Delehoy. (JLS) |
| Filing 14 RESPONSE to Motion re #10 MOTION to DISMISS ON THE PLEADINGS UNDER FED. R. CIV. P. 12(C) filed by Devon Delehoy. (Attachments: #1 Attachments to response) (JLS) |
| Filing 13 MOTION to Compel by Devon Delehoy. (JLS) |
| Filing 12 MOTION for SUMMARY JUDGMENT and Order to Show Cause by Devon Delehoy. (Attachments: #1 Second Page of Judge Duffy Order) (MSB) |
| RECEIVED Butte County Crim. File CRI1700139, Butte County Civil file 09CIV21-000063, and South Dakota Supreme Court Cases 28682, 30303 and 30183. Copies of files placed on N Drive. (MWT) |
| Filing 11 MEMORANDUM in Support re #10 MOTION to DISMISS ON THE PLEADINGS UNDER FED. R. CIV. P. 12(C) filed by Attorney General for the State of South Dakota, State of South Dakota. (Attachments: #1 Attachment Judgment of Conviction, #2 Attachment Judgment Affirming, #3 Attachment Application, #4 Attachment Amended Application, #5 Attachment Findings and Conclusions, #6 Attachment Order Denying Writ) (Thorne, Sarah) |
| Filing 10 MOTION to DISMISS ON THE PLEADINGS UNDER FED. R. CIV. P. 12(C) by Attorney General for the State of South Dakota, State of South Dakota. (Thorne, Sarah) |
| Filing 9 MOTION to Stay by Devon Delehoy. (JLS) |
| Filing 8 MOTION to Compel by Devon Delehoy. (JLS) |
| Filing 7 MOTION to Sever by Devon Delehoy. (JLS) |
| Filing Fee Received from Devon Delehoy. Fee Amount: $5.00, Receipt No.: #400002569. (MSB) |
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Filing 6
ORDER for Service; denying #4 Motion to Appoint Counsel. Signed by US Magistrate Judge Veronica L. Duffy on 9/28/2023. (Mailed to Devon Delehoy) (JLS)
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| Filing 5 NOTICE TO PETITIONER: The Clerks Office has received your Petition for Writ of Habeas Corpus by a Person in State Custody Pursuant to 28 U.S.C. 2254. Although a new case has been opened, your case cannot proceed further until you either pay the filing fee OR complete and return the enclosed Motion to Proceed Without Prepayment of Fees and Declaration AND Prisoner Trust Account Report (to be completed by the institution where you are incarcerated.). Copy of docket sheet, motion to proceed IFP, and Prisoner Trust Account form sent to petitioner. Any further documents or correspondence you send to the Clerks Office concerning your case must include the case number. All documents submitted for filing must also contain an original signature. Pursuant to the E-Government Act and D.S.D. Civ. LR 5.2, you must redact personal identifiers from documents submitted to the Court. The Clerks Office will not review for compliance. Submitted documents are electronically scanned for filing and they become the official court record. The quality of the official court record is determined by the quality of the original documents received for filing. Writing should only be on one side of the paper and writing must be dark enough for scanning. All documents must be on 8.5 x 11 inch paper. A request to electronically file documents in your case must be made through the PACER Service Center at www.pacer.uscourts.gov. The plaintiff must keep the Court informed if the plaintiff's address changes. If the Court is not kept informed and multiple items are returned as undelivered, the plaintiff's case may be dismissed without prejudice for failure to prosecute. (JLS) |
| Filing 4 MOTION to Appoint Counsel by Devon Delehoy. (JLS) |
| Filing 3 AFFIDAVIT of Devon Delehoy in Support re #1 Petition for Writ of Habeas Corpus (28:2254). (JLS) |
| Filing 2 SUPPLEMENT by Petitioner Devon Delehoy re #1 Petition for Writ of Habeas Corpus (28:2254). (Attachments: #1 Attachments) (JLS) |
| Filing 1 PETITION for Writ of Habeas Corpus pursuant to 28:2254 filed by Devon Delehoy. (Attachments: #1 Attachments to 2254) (JLS) |
| CLERK'S NOTICE: Fed. R. Civ. P. 73 requires that all parties be notified of the opportunity to consent to have a magistrate judge conduct all proceedings in civil cases. All parties must return the signed AO85 form to the Clerk's Office before the case is reassigned to a magistrate judge. DO NOT electronically file or return the signed form to the District Judge. The AO85 form can be found by clicking here: #National Forms: https://www.uscourts.gov/services-forms/forms. (JLS) |
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